What Happens if You Refuse the Breathalyzer Test in New York

LICENSE REVOCATION

Your license will be suspended at arraignment in court, and revoked for at least one year (18 months for a commercial driver) at a New York Department of Motor Vehicles hearing.

SECOND REFUSAL

If you are age 21 or over, and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for 18 months (permanent for a commercial driver).
If you are under age 21, and you have a second refusal within five years of a previous refusal or alcohol conviction, your license is revoked for one year or until age 21, whichever is longer.

CIVIL PENALTY

You will also be subject to a civil penalty of $500 (second offense, $750).

Zero Tolerance Law

A driver under 21 years old who refuses to take a chemical test under the Zero Tolerance Law is subject to a 1-year license revocation and a $300 civil penalty. The Zero Tolerance law applies to a person under age 21 who operates a motor vehicle with a blood alcohol concentration (BAC) of .02% or more but not more than .07%.